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04 Aug 03 - 08:58 AM (#996379) Subject: Guidance under UK Licensing Act From: ET Is now issued. Needs careful reading. Also gives requirements for personal license applications. See www.culture.gov.uk |
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04 Aug 03 - 09:08 AM (#996388) Subject: RE: Guidance under UK Licensing Act From: ET Incidental music - many rely on this but :- This is described in the guidance as "music which is incidental to an activity which is not itself the provision of regulated entertainment, for example music played in lifts or piano music played in the background in a restaurant". Very narrow "for examples"! An music at a place of public religious worship "this would excempt not only the singing of hymns or other religious material at a religious service, but also the performance of a classical concert at a church" says the guidance....what of a church brass band concert etc? May be ok but the guidance does not add much. |
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04 Aug 03 - 09:40 AM (#996408) Subject: RE: Guidance under UK Licensing Act From: The Shambles http://www.culture.gov.uk/global/press_notices/archive_2003/dcms91_2003.htm |
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04 Aug 03 - 09:53 AM (#996419) Subject: RE: Guidance under UK Licensing Act From: The Shambles An music at a place of public religious worship "this would excempt not only the singing of hymns or other religious material at a religious service, but also the performance of a classical concert at a church" says the guidance....what of a church brass band concert etc? May be ok but the guidance does not add much. As far as I am aware this guidance cannot overule the wording of the Act. The words of the exemption for places of public worship in the Act - or the extention of this to London - will make exempt from the licensing requirement any entertainment defined in Schedule 1 of the Act as regulated entertainment - including amplified rock-bands and brass bands............. |
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04 Aug 03 - 09:56 AM (#996421) Subject: RE: Guidance under UK Licensing Act From: Dave Bryant Roger - Does that mean that all new licensees will have to have special training first, but that existing landlords will normally be able to carry on ? Your link only seems to to have the headings - is there somewhere where the details are available ? |
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04 Aug 03 - 10:00 AM (#996425) Subject: RE: Guidance under UK Licensing Act From: ET Exisiting licensees who are "fit and proper persons" under old act can use this to obtain the new licence under the transitional provisions. New licensees have to undertake acredited training under the act as do door supervisors. I would think that if door supervisors have to be "qualified landlords" that's exactly what they will want to be, not supervisors. I have been round a few local landlords that put on sessions explaining to them the provisions on entertainment. Generally they are pleased that they wont have to pay an extra PEL fee and are already paying inspection fees. I note the guidance on indoor sports refers to tennis, not darts. When did you last see tennis in a pub? |
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04 Aug 03 - 11:42 AM (#996507) Subject: RE: Guidance under UK Licensing Act From: The Shambles http://www.legislation.hmso.gov.uk/acts/en/03en17-f.htm Schedule 1 - Provision of regulated entertainment 298. This Schedule defines the provision of regulated entertainment as covering entertainment provided solely or partly for members of the public, or exclusively to club members and their guests, or for which a charge is made, which is provided for profit (which will include to raise money for charity). It also covers the provision of entertainment facilities for participating in entertainment. 299. The definition would cover entertainment staged by a charity for purposes of fundraising, but would not, for example, include the provision of entertainment for a company or firm for its clients, for which no charge was made but which was connected with stimulating general goodwill which might be advantageous for the business. 300. Forms of entertainment to be regulated by the Act include: a) plays - both performance and rehearsal; b) the showing of films (or any exhibition of moving pictures); c) all indoor sporting events. For the purposes of the Act, an indoor sporting event is one which takes place inside a building for spectators wholly inside that building. A sporting event that takes place at a venue whose roof can be opened or closed would not constitute an indoor event, even when the roof is closed. For the purposes of this Act, sport is defined as any contest in which physical skill is the main factor and any form of physical recreation engaged in for the purposes of competition or display. For example, tennis would be covered by the definition. However, a game of chess contested publicly would not; d) outdoor boxing and wrestling matches. No other form of outdoor sport would be regulated by the Act; e) music: both the performance of live music and the playing of recorded music. No distinction is made in the Act between different musical styles; and f) performance of dance; where the entertainment takes place in the presence of an audience and is provided for their entertainment. 301. The Secretary of State may by order (subject to the affirmative resolution procedure) amend the definitions included in the Schedule. 302. A number of exemptions to regulated entertainment are included in the Act including:- a) the showing to an audience of television and radio programmes forming part of a programme service within the meaning of the Broadcasting Act 1990 (so long as the programmes have not been pre-recorded) b) music which is incidental to an activity which is not itself the provision of regulated entertainment, for example, music played in lifts or piano music played in the background in a restaurant. c) film exhibitions used for product demonstration, advertisement, information, education or instruction. This would exempt, for example, educational films shown in schools, or special advertisements shown at product display stands in shopping centres. d) the provision of entertainment or entertainment facilities for the purposes of, or incidental to, a religious meeting or service or provided at a place of public religious worship. This would exempt, not only the singing of hymns or other religious material at a religious service, but also the performance of a classical concert at a church. e) entertainment at a garden fete. f) morris dancing, or dancing of a similar nature. g) entertainment provided on vehicles in motion. |
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04 Aug 03 - 12:51 PM (#996541) Subject: RE: Guidance under UK Licensing Act From: ET I fear this guidance will be construed narrowly, for that is how it is written, in the minds of Local Authorities who will be the enforcers. |
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04 Aug 03 - 01:13 PM (#996548) Subject: RE: Guidance under UK Licensing Act From: The Shambles The whole Act (and now this guidance) is full of a cultural bias that is almost overt. This built-in hypocrisy has long been seen to be acceptable in entertainment licensing. Where lap-dancing clubs for example can be prevented on grounds of morality whilst claiming the reason to be those of public safety. That this hypocrisy is able to continue - is to me the main problem of the Act. It is clear from Mr Caborn's recent letter to the JCHR that a bias in favour of classical or church music in the Act ,(and against anything else) is seen to be both respectable and acceptable. Note the further moves towards this end - despite in the following in e) from the guidance - in the reference to places of religious worship. e) music: both the performance of live music and the playing of recorded music. No distinction is made in the Act between different musical styles; and f) performance of dance; where the entertainment takes place in the presence of an audience and is provided for their entertainment. Of course there IS a distinction now made against dancing that is NOT 'morris dancing or dancing of a similar nature. 302. A number of exemptions to regulated entertainment are included in the Act including:- f) morris dancing, or dancing of a similar nature. And d) the provision of entertainment or entertainment facilities for the purposes of, or incidental to, a religious meeting or service or provided at a place of public religious worship. This would exempt, not only the singing of hymns or other religious material at a religious service, but also the performance of a classical concert at a church. Again and despite the assertion made in e) of this guidance, there is a distinction being made here 'between different musical styles'. But in reality - how under the words of the Act - would Premises Licensing controls be undertaken anyway in a place of public worship - if the concert did not follow the guidance and the concert or entertainment taking place was not of a classical nature? The inclusion of the word 'classical' in d)of the guidance is in direct contradiction with e) No distinction is made in the Act between different musical styles; and. |
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10 Aug 03 - 12:29 PM (#999710) Subject: RE: Guidance under UK Licensing Act From: ET There are some other problems with the guidance that troubles me but may bring a ray of light. The guidance in general is about as much use as a tin of petrol on a fire. Guidance 300 c) talks about indoor sportingevents, unless there is an opening roof, even if it is closed, in which case no licence is needed...but what does the state of the roof add or distract from public order and where is the link between the act and this piece of guidance? But at the end of the list of regulated entertainment are the words "where the entertainment takes place in the pr3esence of an audience and is provided for their entertainment? So, as I know of locally, a "session" held in a private room in a pub could be said not to be in the presence of an audience nor provided for their entertainment. Hmm. Any views |
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10 Aug 03 - 12:39 PM (#999718) Subject: RE: Guidance under UK Licensing Act From: Rt Revd Sir jOhn from Hull They're mad! I wonder if Hull City Council has got a PEL for Queens Gardens? [They hold free music concerts there every Saturday afternoon throughout the summer, with a different theme each week, Jazz, Folk, Country etc, It would be ironic if they were not licensed! |